In Alabama, an assault occurs when a person intentionally or
recklessly causes physical injury to another person. The state
differentiates between misdemeanor assaults and felony assaults—the
latter are more serious. Alabama classifies felony assault as either
assault in the first degree or assault in the second degree. Each class
of felony assault has separate, but sometimes overlapping, sentencing
alternatives.
To learn about misdemeanor assaults, see Misdemeanor Assault in Alabama. For information about assault with a handgun, firearm, or other object, see Assault with a Deadly Weapon in Alabama.
Assault in the First Degree
A person commits assault in the first degree, classified as a Class B felony, in any of the five ways discussed below:
- by intending to and causing serious physical injury to another person with a deadly weapon or dangerous instrument
- by
causing an injury to a person, and possessing the intent to either
disfigure another person seriously and permanently; or destroy,
amputate, or permanently disable a member or organ of the person's body
- by
recklessly engaging in conduct that creates a grave risk of death to
another, and the conduct also causes serious physical injury to a person
under circumstances manifesting extreme indifference to the value of
human life
- by causing serious physical injury to another while
engaging in a felony clearly dangerous to human life (or during flight
immediately after engaging in the felony); or while committing any of
the following felonies: arson or attempted arson in the first degree,
burglary in the first or second degree, escape in the first degree,
kidnapping in the first degree, rape in the first degree, robbery in any
degree, or sodomy in the first degree, or
- by causing serious
bodily injury to another person with a motor vehicle, while driving
under the influence of alcohol, a controlled substance, or a combination
of the two.
(Ala. Code § 13A-6-20.)
What constitutes "serious physical injury?"
Serious
physical injury means physical injury that creates a substantial risk
of death, or that causes serious and protracted disfigurement,
protracted impairment of health, or protracted loss or impairment of the
function of any bodily organ. A judge or jury must often determine
whether an alleged victim has suffered serious physical injury based on
the specific facts of a case. For example, in one case, stabbing a
victim resulted in serious physical injury. However, in another case,
shooting a victim did not result in physical injury because the victim
did not require surgery and did not suffer long-term effects from the
shooting.
(Ala. Code § 13A-1-2.)
What constitutes a "deadly weapon?"
A
deadly weapon is a firearm or anything designed, made, or adapted for
the purposes of inflicting death or serious physical injury. While not
an exhaustive list, other examples of a deadly weapon include a knife,
stiletto, sword, dagger, billy, black-jack, bludgeon, or metal knuckles.
To learn more, see Assault with a Deadly Weapon in Alabama.
(Ala. Code § 13A-1-2.)
What constitutes a "dangerous instrument?"
A
dangerous instrument is any instrument, article or substance which,
under the circumstances in which it is used, attempted to be used, or
threatened to be used, is highly capable of causing death or serious
physical injury. For example, a wrench, motor vehicle, or piece of wood
could constitute a dangerous instrument if used to strike another
person.
(Ala. Code § 13A-1-2.)
Penalties for assault in the first degree
Someone convicted of assault in the first degree can be subjected to any or all of the following penalties:
- Incarceration.
Imprisonment is required for not less than two years and not more than
twenty years. However, if the defendant used, or attempted to use a
firearm or deadly weapon in the commission of the felony, there is a
mandatory minimum of ten years of imprisonment.
- Fines.
The court can impose a fine up to $30,000. If the defendant received a
pecuniary gain as a result of the crime, the court can impose a fine up
to double the pecuniary gain received by the defendant, even if the
amount exceeds $30,000.
- Probation. A person on
probation regularly meets with a probation officer and fulfills other
terms and conditions, such as maintaining employment and attending
counseling.
- Community service. Courts often
include as a part of probation the requirement that the defendant work
for a specified number of hours with court-approved organizations, such
as charities.
- Habitual offender. If the
defendant has a previous felony conviction, the law imposes increased
penalties. The length of incarceration increases to life, or not more
than 99 years or less than ten years. If the defendant used, or
attempted to use a firearm or deadly weapon in the commission of the
felony, there is a mandatory minimum of twenty years of imprisonment.
The maximum fine increases to $60,000.
(Ala. Code § § 13A-5-6, 13A-5-11, 13A-5-9.)
Assault in the Second Degree
A person commits assault in the second degree, classified as a Class C felony, in any of the following seven ways:
- by intending to and causing serious physical injury to another person
- by intending to and causing physical injury to another person with a deadly weapon or dangerous instrument
- by recklessly causing serious physical injury to another person with a deadly weapon or dangerous instrument
- by
intending to and causing physical injury to any person, while intending
to prevent a peace officer, emergency medical personnel, a utility
worker, a firefighter, or a detention or correctional officer at any
municipal or county jail or state penitentiary from performing a lawful
duty. This includes off-duty employed peace officers, while wearing
their approved uniform and working with the approval of their employing
law enforcement agency
- by causing physical injury to any person,
while intending to cause physical injury to a teacher or an employee of
a public educational institution during, or resulting from, the
performance of the teacher's or employee's duty
- by causing
physical injury to any person, while intending to cause physical injury
to a health care worker during the course of, or as a result of, the
performance of the duties of the health care worker. A "health care
worker" includes a nurse, physician, technician or other person employed
by or practicing at a hospital; county or district health department;
long-term care facility; physician's office, clinic, or outpatient
treatment facility. The definition does not apply to assaults by
patients impaired by medication or to assaults on home health care
workers while they are in private residences, or
- by
intentionally causing stupor, unconsciousness, or other physical or
mental impairment or injury to another person by administering to a
person, without the person's consent, a drug, substance or preparation
capable of producing the intended harm, unless done for the purpose of
lawful medical or therapeutic treatment.
(Ala. Code § 13A-6-21.)
What constitutes "physical injury"?
Physical
injury is an impairment of physical condition or substantial pain. A
judge or jury must often determine whether an alleged victim has
suffered physical injury based on the facts of a case. For example,
testimony that a victim received a kick to the groin in one case and
that a victim had a foot stomped on in another sufficed to prove
physical injury in both cases.
(Ala. Code § 13A-1-2.)
Penalties for assault in the second degree
Someone convicted of assault in the second degree can be subjected to any or all of the following penalties:
- Incarceration.
Imprisonment is required for not less than one year and one day, and
not more than ten years. However, if the defendant used or attempted to
use a firearm or deadly weapon in the commission of the felony, there is
a mandatory minimum of ten years of imprisonment.
- Fines.
The court can impose a fine up to $15,000. If the defendant received a
pecuniary gain as a result of the crime, the court can impose a fine up
to double the pecuniary gain received by the defendant, even if the
amount exceeds $15,000.
- Probation. A person on
probation regularly meets with a probation officer and fulfills other
terms and conditions, such as maintaining employment and attending
counseling.
- Community service. Courts often
include as a part of probation the requirement that the defendant work
for a specified number of hours with court-approved organizations, such
as charities.
- Habitual offender. If the
defendant has a previous felony conviction, the law imposes increased
penalties. The judge will sentence the defendant as if he committed
assault in the first degree. The penalties for assault in the first
degree are discussed above.
(Ala. Code § § 13A-5-6, 13A-5-11, 13A-5-9.)
Hate Crimes
Alabama
requires a minimum sentence of ten years in prison if the first degree
assault was motivated by the victim's actual or perceived race, color,
religion, national origin, ethnicity, or physical or mental disability.
For assault in the second degree, the minimum sentence is two years in
prison.
(Ala. Code § 13A-5-13.)
See a Lawyer
If you
are facing a charge of felony assault, consider consulting with an
experienced criminal defense attorney who regularly practices in your
area. Numerous defenses apply to charges of felony assault and a lawyer
can evaluate the strength of the prosecution's case against you and help
develop any defenses that might apply to your case.
A lawyer's
skillful negotiation with the prosecutor can sometimes result in a
reduction of charges or a reduction in penalties, such as less prison
time, no prison time, probation, and lower fines. A local criminal
defense attorney, who knows how the prosecutors and judges involved in
your case typically handle such cases, can assist with these
negotiations. And if you decide to go to trial, having a good lawyer on
your side will be essential.